4.  The first and second applicants were born in 1939, the third applicant was born in 1934 and the fourth applicant was born in 1938. They all live in Zator, Poland.
5.  In 1985 T.P., the applicants’ neighbour started a company producing soft drinks, having received the relevant permits. The company was located at number 8 Żwirki and Wigury Street in Zator (at the end of a cul-de-sac). In 1990 and 1992 respectively T.P. extended his activities to include a wholesale and retail food business. In 1991 he was granted a permit to construct an additional warehouse on his property. The applicants live in houses located on the same street and in the direct vicinity of T.P.’s company.
6.  On an unspecified date the applicants and other inhabitants of Żwirki and Wigury Street complained to the Mayor of Zator about the heavy traffic and nuisance caused by the wholesale business of T.P. They submitted that according to the local development plan the area in question was intended to be used for housing to the exclusion of obtrusive businesses.
7.  On 23 September 1993 the Mayor of Zator issued a decision banning T.P. from using certain buildings of his company for a wholesale food business on the ground that he had failed to obtain the relevant permits. The second applicant was a party to those proceedings. On 23 November 1993 the Bielsko-Biała Governor dismissed an appeal by T.P. against that decision. T.P. appealed to the Supreme Administrative Court. On 12 January 1994 the Supreme Administrative Court quashed both decisions.
8.  On 6 June 1994 the Mayor of Zator required T.P. to obtain various permits. T.P. unsuccessfully appealed against that decision. On 20 June 1996 the Mayor of Zator issued a decision ordering T.P. to stop using the additional warehouse for his wholesale food business. On 21 February 1997 the Bielsko-Biała Governor quashed that decision and remitted the case to the Mayor.
9.  On 14 May 1997, in response to the applicants’ complaints, the Mayor of Zator issued a decision concerning the use of property by T.P. It ordered him to cease using the warehouse for a wholesale beer and food business. The Mayor established that T.P. had opened a wholesale business on his property in contravention of the Construction Act (section 71) and the local development plan. He also noted that heavy traffic was generated by T.P.’s company, causing significant nuisance to his neighbours, including the applicants. T.P. appealed.
10.  On 15 July 1997 the Bielsko-Biała Governor upheld the Mayor’s decision. T.P. appealed to the Supreme Administrative Court. On 6 October 1999 the Supreme Administrative Court dismissed his appeal. It found that by virtue of the relevant planning permission T.P. was entitled to use the building in question as an additional warehouse for his soft drinks company. However, he had changed the manner of use of the property by setting up a wholesale food business there without obtaining the relevant permissions. Thus, he had clearly breached the Construction Act and the administrative decisions complained of had been correct.
11.  Meanwhile, on 7 September 1999 the applicants unsuccessfully complained to the Małopolski Regional Inspector of Construction Supervision about non‑enforcement of the decision. Their further complaints to other authorities were equally unsuccessful.
12.  In a letter of 29 October 1999 the Architecture Department of the Małopolski Regional Office informed the second applicant that his complaint was well-founded. The Regional Office observed that the final administrative decision of the Bielsko-Biała Governor of 15 July 1997 had not been enforced and that no administrative enforcement proceedings had been instituted. It further urged the Municipal Council to transmit the case‑file to the Oświęcim District Inspector of Construction Supervision which was the authority competent to enforce the administrative decisions at issue.
13.  On 28 January 2000 the first and the fourth applicants and the second applicant’s wife filed with the Cracow Regional Administrative Court (Wojewódzki Sąd Administracyjny) a complaint about the inactivity of the District Inspector of Construction Supervision. They alleged that the District Inspector had failed to enforce the Mayor of Zator’s decision of 14 May 1997.
14.  On 31 October 2000 the District Inspector ordered T.P. to pay PLN 5,000 for failure to stop using the auxiliary warehouse for his wholesale business. On 21 June 2002 the Regional Inspector upheld this decision. On 22 July 2002 T.P. appealed to the Supreme Administrative Court. This was dismissed by the court on 25 February 2003.
15.  On 9 July 2004 the Cracow Regional Administrative Court held a hearing. The applicants submitted that T.P. had failed to comply with the obligations imposed on him by the administrative authorities. They emphasised that the continued non-enforcement of the administrative decision of 14 May 1997 had had adverse consequences for them. The District Inspector for his part submitted that the inspectorate had undertaken some measures with respect to T.P.
16.  The Regional Administrative Court delivered its judgment on the same date and found for the applicants. It ordered the District Inspector of Construction Supervision to issue a decision or undertake other necessary measures with a view to enforcing the Supreme Administrative Court’s judgment of 6 October 1999 within two months from the date on which it received the case-file.
17.  In the meantime, on 20 January 2003 the second applicant complained to the Chief Inspector of Construction Supervision that the decision against T.P. had not been enforced. The complaint was transmitted to the Małopolski Regional Inspector of Construction Supervision, who dismissed the complaint on 10 March 2003. The Regional Inspector established that the Oświęcim District Inspector had formally required T.P. to comply with the decision. The inspectorate had instituted administrative enforcement proceedings against T.P. and had imposed a fine on him in order to make him comply with the decision. Lastly, it had requested the Oświęcim Tax Office to enforce the fine imposed on T.P. However, all those measures had been unsuccessful. On 7 March 2003 the District Inspector had issued a substitute enforcement order (wykonanie zastępcze), i.e. an order requiring enforcement of a decision against T.P. by a third party at the former’s expense.
18.  On 3 March 2005 the first, second and fourth applicants complained in an application to the Cracow Administrative Court that the District Inspector had failed to enforce the judgment of 6 October 1999.
19.  On 5 May 2005 the applicants complained to the Governor of the Małopolski Region about the continued inactivity of the Oświęcim District Inspector with regard to enforcement of the decision of 14 May 1997.
20.  On 10 July 2005 the first and second applicants complained to the Cracow Regional Inspector of Construction Supervision about the inactivity of the District Inspector and the continued non-enforcement of the administrative decisions. They demanded that concrete measures be taken.
21.  On 27 April 2006 the Regional Inspector instructed the applicants that they should lodge a complaint under Section 154 of the Law on Procedure before the Administrative Courts. On 20 and 23 May 2006 the second and fourth applicants asked the District Inspector to execute the decision of 14 May 1997, notifying him that if he did not do so the applicants would lodge a complaint with an administrative court.
22.  On 24 June 2006 the second and fourth applicants again complained to the Governor of the Małopolski Region. They informed him of the fact that part of the escarpment located near the house of one of the applicants had collapsed as a result of the operation of T.P.’s company.
23.  The applicants filed numerous complaints with the District Inspector urging him to enforce the administrative decision of 14 May 1997. They objected also to the heavy goods vehicle traffic generated by T.P.’s company in their neighbourhood.
24.  It appears, however, that the decision has not yet been enforced.